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tv   Studio B With Shepard Smith  FOX News  May 16, 2013 12:00pm-1:01pm PDT

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>> megyn: thanks for watching. >> shepard: the question from the bloomberg reporter to the president about whether anybody at the white house new what the irs was doing before the report came out, was awesome, and we are now check with the white house to find out why his answer was nonresponsive. >> megyn: maybe we'll get a followup between 3:00 p.m. and 4:00 p.m. >> shepard: we'll get a followup. see you later. news begins anew on studio b. another headache for the obama administration. a just released government report says the feds lost track of some suspected terrorists. the jet department is fighting back in a big way against the claims. the latest controversy it's trying to tamp down. at the white house, another story rocking d.c., reporters
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asking the president, did anybody at the white house know that the irs was targeting conservative groups? it's kind of an important question. did anybody know at the white house that the irs was targeting conserve conservative groups? we need an answer, the way president obama is answering is raising new questions. devastation in reports of northern texas. deadly tornadoes destroyed homes and right now there are big fears that people may still be trapped under tons of debris. we have live breaking news coverage. coming up next on "studio b." breaking today, another controversy for the obama administration. this one concerning national security. the justice department's office of the inspector general released a report, and that report indicates that the witness security program was unable to locate a number of
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known or suspected terrorist. the spin spector general's office is responsible for keeping tab on thity department but now the justice department is pushing back, claim nothing one is missing. no threat to the public at all. at this point, the details are quite sketchy. either way this news comes in the midst of a bad week for the obama administration. with revelations that the justice department secretly collected months of phone records from reports at the "associated press." the white house'ssons to the attacks on again benghazi and the irs targeting controversitive groups. >> they sale the witnesses left the witness protection program years ago and then left the u.s. we don't know why they left or how long they were off the radar
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screen of the justice department. according to the inspector general's report, as of last july, the u.s. marshal service was unable to locate the two people described as known or suspected terrorist this infewer yates some members of congress, including senator chuck grassley, this is another example of the justice department's ineptness at the basic handling of an important practice. they may be in a witness protection program but they were still known or suspected terrorists. it's only logical the federal department know where they are but justice department says this is a witnesses are free leave it. >> shepard: we're learn something witnesses with terror links may have boarded commercial airplanes. is that right? >> this is another problem. people who go into the witness security program are given new names and identities about the justice department wasn't authorizing the new names to be
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put on the no fly list. the report says, quote, therefore, it was fob for known or suspected terrorist to fly on commercial airplanes in or over the united states, and evade one of the government's primary means of identifying and tracking terrorist movements and actions. the justice department says that the problem -- that problem has now been fixed. shep? >> shepard: molly, thanks very much. joining us to explain this witness security program, former new york homeland security senior officer. mike coordinated homeland security and law enforcement's policy in new york and served as the state liaison to the u.s. department of homeland security. how does this work? >> it's kind of a confusing thing for the american public. you hear terrorist in a witness protection program. that's the first thing people raise their concern. the other thing that is such a interesting thing here, here's an igs report. this is not a leak. this is not something that came out from the press.
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this is a report that says, it's not supposed to work this way. you're supposed to be able to keep track of these folks. and what we really have is a problem. the witness protection program is designed to encourage people to cooperate to get their involvement so you can bring successful prosecutions. it's if you're take a terrorist, designs against attacking the nation you put enemy the program and then they disappear. how are we reassured as a public that al of their connections to the terrorist world has evan rated. >> the department says is a volunteer -- voluntary, and they left and that's no danger. >> we have a no-fly list. we're supposed to keep track of people so when they get once commercial aircraft -- we're not going to allow them into nuclear power plants, whole bunch of critical infrastructure these folks should not be going into
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given the fact at one time they were suspected terrorists. >> shepard: i'm trying to figure out, are we looking at a report that was just an error and it's now being corrected, that these people -- that everything was done according to rules and regulations here, or is the report accurate? and we lost track of a couple of people who could do us harm. i don't know how to find that answer. >> my experience in government is inspector general's report is not going to come out and just say, oh, it was a problem, now they fixed it. because these reports are vetted before their issued, and therefore there must have been a significant concern on the inspector general's office to issue this thing because they know what a fire storm it will cause. >> shepard: breaking late today, another potential problem for the white house concerning the u.s. exception customs enforcement agency. i.c.e. according to two u.s. senators, i.c.e. officials accidentally released hundreds of detainees with criminal records. more than 600 people with
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criminal records back in february. that includes 32 with multiple felony convictions. those senators clam the department of homeland security apprehended 24 of those individuals. after realizing the offense but that eight are still missing somewhere. doug has more from washington. what was behind this decision to release these detainees in the first place? >> well, shep, last february, immigrations and custom enforcement, in anticipation of sequestration cuts, released over 2,000 of these dough takenees from custody. they did so without warning, without alerting congressional committeesment finally, after a three-month delay and facing the threat of congressional subpoena the department of homeland security released details about the people who were releasedment one of them had -- in phoenix had a second degree robbery conviction and countless convictions for prostitution and solicitation for lewd con ticket. another convict of extreme cases of dui, harassment, causing criminal damage to property.
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another had prior convictions for carrying a gun. felony possession of drugs, second degree burglary, vandalism and trespassing. so some of these guys were to say the least, very, very dangerous indeed. >> shepard: that's not what the white house press secretary jay carney said at the time. >> no, back in february he cased that serious criminal offenders remained in priority detension. here's what he said on february 27th when we first got wind of this release. >> the agency released these low-risk, noncriminal detainees, under a less expensive form of monitoring to ensure they state within the budget. >> he called them noncriminal detainees. we know that's untrue. when i.c.e. realityized they rehandend 24, but eight detainees with multiple felonies and conviction got away in a statement senators mccain and levin said they, quote, recommend that disciplinary
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action be considered for the i.c.e. officials responsible for releasing detainees, and they add i.c.e. must take all actions necessary to ensure that's never happens again. shep? >> shepard: thanks very much. meteorologists say the winds in texas last night were blowing at up to 200 miles-per-hour. the homes couldn't take that. a closer look at what is left behind after a string of tornadoes touched down. that's next,. and did president obama or anyone in the white house know anything about the irs targeting conservative groups before the news went public? did they know? today he had a chance to tell us, no, we didn't know. he didn't do that. one question was asked, another was answered. we'll get to that. breaking news just came in. president obama will name a white house budget official as the acting irs commissioner, named daniel worfel. i do not believe his the same
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who played for football and won the heisman trophy. this is another man. so there are two. that's breaking news. this guy worked in the administration for years dealing with budget issues and will replay this outgoing irs boss. the news coins next. announcer ] from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless. ♪ hoo-hoo...hoo-hoo. hoo-hoo hoo. sir... i'll get it together i promise... heeheehee. jimmy: ronny, how happy are folks who save hundreds of dollars switching to geico? ronny:i'd say happier than the pillsbury doughboy on his way to a baking convention. get happy. get geico.
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[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... >> shepard: the jodi arias murder trial, she has been found guilty of murdering her ex-boyfriend, now the phase of whether she lives or dies, and part of it is victim impact testimony. this is the sister of the man she shot and stabbed and slit the throat. and there she is. tears in the courtroom. let's listen. >> my brother's death -- i think of my ears ringing, my stomach burning, and this idea that this
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can't possibly be happening. on the morning of june 10, 2008, i was on a river trip in arizona. we were getting ready to take the boat out. i checked my voice mail before we went out for the day, there was a message from my grandmother. my heart sank to my stomach. she said, samantha, you need to call me back. it's very important. i could tell she was crying, and i recognized her tone of voice from before. i knew that someone was dead. i called my grandma's house,.
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my sister answered the phone. she screamed at me, she said, samantha, travis is dead. i could barely breathe out the words, what happened? she told me that know one knew. the police didn't provide any details. to this day my mind keeps a picture of what happened the night travis was taken. even though i try not to let it, upon standing in the same exact spot where this horrific tragedy happened, when we had to go to trial after the investigators were sent, i saw the same sickening feeling, my ears ringing, burning stomach, my eyes were filled with tears so i
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could barely see. the thought of what travis must have went through that day, the pain, the agony, the screams, the fear that travis must have felt when he was brutally being taken. we have been at this trial every day since it started. we have heard every detail about the crime and the injuries travis suffered. i am a police officer, and some of these photos were more
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gruesome than i have ever seen. my our minds are stained with images of my brother brother's throat slit from ear to ear. the image of travis' body slumped dead in the shower. our family has a burden of financial hardship to be here to see that travis is not forgotten and to ensure his life was not lost in vain. from being away from my sons, daughters, nieces and have no -- nephews, stepping down from opportunities in the work place, suffering from anxiety and severe depression, requiring many, like my grandmother to submit to antidepressants and
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anxiety medication. travis is the only family member that lived in arizona. making it very difficult for us to be here. we have paid the ultimate price, losing travis. to travis for support andave words of times like this. none of us ever thought that he would never -- he wouldn't be here when he needed him the most. to think that someone so loving, so caring, so giving, could be taken from us, given the already tragic life, but to have travis taken so barbarically -- i
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cannot adequately express how much we will miss our brother. we'll miss his contagious laughter, his singing voice mail, his jokes, his funny dances, his help in hard situations, his guidance when we were lost, his motivation, his insight, his huge smile. >> exhibit 651. and. >> and being there on the holidays. travis was the glue now family. our family has not been together
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since travis has been gone. it's simply too hard to think of him not being there. we miss his charisma, his golden -- make someone smile. no matter who they are or what they look like. travis had an incredible heart. he had a huge heart. and it was this huge heart and his kindness that will forever be missed. we will have so many good memories, so many awesome moments with travis. our lives will never be the same. we can never get him back.
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we are so grateful for our wonderful brother, and we feel so lucky and blessed for the time we had with travis. however short-lived. we would give anything to have him back, anything. thank you. >> shepard: well, with impact statements like that the jury will decide whether to recommend life or death for the woman who murdered her brother. continuing coverage throughout the day. first, a really strange scene at the white house. the president held a news conference in the rain. not the only cloud hanging over the administration today. the question, did anybody at the white house know that the irs was going after conservativeoup? did anyone at the white house know? that was the question. wait until you hear the answer.
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>> shepard: breaking news. fox news confirmed president obama will name a white house budget official as acting irs commissioner, named daniel worfel. he worked in the administration for years and will replace he outgoing irs boss. the president didn't directly answer a question about when people at the white house knew about this irs controversy. this is the question from a bloomberg reporter at the news conference: can you, mr. president, assure northwestern people that nobody in the white house knew about the agency's actions before april 22-inch the agency -- --
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she was referring to at the irs, one more time -- duassure the american people in the irs knew about the agency's acts before your counsel's office found out april 22nd. roll it. >> let me make sure that i answer the specific question. i can assure you that i certainly did not know anything about the ig report before the ig report had been leaked through press -- through the press. typically the ig reports are not supposed to be widely distributed or shared. they tend to be. a process that everybody is trying to protect the integrity of. >> he said led let me make sure i answer your specific question and then he did not answer the specific question. why? her is the question: can you assure the american people that nobody in this white house knew about the agency's actions before your counsel found out? the allegation is that the irs
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was targ controversitive groups. the irs has admitted as much. every bit of it. and the question is, did the white house know? because the followup question, if the white house did know, did you direct any of it? that's the next question. so when the question was asked, can you assure the american people that nobody in the white house knew about the actions before your counsel office found out, he said -- >> let me make sure i answer the specific question. i can assure you that i certainly did not know anything about the ig report before the ig -- >> shepard: that wasn't the question. nobody said anything about the ig report this. wasn't been the the report. this was a very simple question. did anybody -- not you -- did anybody in the white house know that the irs was targeting anybody, in this case conservative groups? that was the question. then he said, let me specifically answer the question, and then he specifically did not answer the question. judge napolitano is here; judge,
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as megyn pointed out, this isn't a court of law but if questionboard -- question were asked and that answer would given. >> e it would be requested the answer be struck, and any judge would say, answer the question. this is a clintonesque answer, an attempt to answer a different question knowing there would not be a followup, and hoping this would go away. help. >> shepard: it's not going away. >> he made it worse. >> shepard: mike, if the white house knew we're in new territory. >> if the white house knew about the activity, not the details of the -- >> shepard: the question was did you know about the agency's activities. >> probably is new territory. i also think that this entire kind of mode of, now we're figuring out who knew what when, shows you the this thing bill not be disexpensed with the regular nation of an interim irs
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chief. >> jay carney got the same thing. listen to what he said before. >> nobody at the white house and nobody on the president's political team had any knowledge or was involved in any way in the targeting of tea party groups by the irs. >> yes. >> absolutely not. >> i mean, we found out about this -- >> shepard: that was the answer tuesday. from jay carney. but today, they asked jay carney's boss, the president of the united states, can you assure the american people that nobody in the whose knew about the agency's actions before your counsel's office found out on april 22nd. roll it. >> let me make sure i answer the specific question. i can assure you that i certainly did not know anything about the ig report before the ig -- >> shepard: okay. i think we've made the point now. if jay carney was right on tuesday, and the answer is, we didn't know, we need to hear
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that. because that's a big deal. and we need the answer from the man in charge of the nation, to be responsive. that's only fair. because if they knew, the next question is, did you direct this? the question would be, are you orchestrating a campaign against political enemies from inside the white house? >> in order to undo the effect of a supreme court decision that you publicly condemned and they have availed themselves of. >> shepard: no one is suggesting that is what happened, because if the answer from the president is, no, we didn't know, there is no followup question. it's over. that's it. answered, no. didn't, we'll keep checking to make sure that's accurate but that's the end of the questioning, and i the answer is yes, there's another question. so we need the first answer. >> we need an environment in which somebody -- like you just
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did, shep -- can follow up on this, one question, and then move on to a another question to a foreign leader. >> shepard: this isn't about groups being targeted. this is about the government going after a citizen wrongly. >> because of the citizen's speech. political speech. the highest protected speech we have. >> shepard: that's all this is. partisans want to make this about republicans and democrats and left and right, and that's not what this is. this is about the government and the people. the government can't do this. the constitution says, no. the supreme court ruling on citizens united, changed the country, and not in a good way. but it's the law of the land. >> he has taken an oath to uphold the law of the land, whether he agrees with it or. no. >> there's a way of obviously -- in excess of care being taken by saying, who knew if anybody in at the white house some picked up the stray thought about what was going on. if that's going on, no big
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deal -- >> shepard: but jay carney was specific. go on. >> if the ig report is the shorthand for. when all this stuff was bothered together and put in one front that's correct when we knew the extent of it. there's a way to right this story that says you had this huge flood of one-time new wannabe tack -- we needed a shortcut to get at them. no one said that. you cannot do this. you cannot target people based on key words. >> the president is a very smart guy. parsed his words. he doesn't want to be accused of lying much to he is accused of hiding the truth. >> shepard: we reached out for though white house for clarification, and the moment we get it, we'll report it. [ male announcer ] this is george.
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>> shepard: we continue to wait for a response from the white house. first, though, the jodi arias case as the victim's family members addressed the court. we're learning now that arias lawyers wanted to quit the case. the court minutes show the attorneys asked for permission to step down this week but the judge denied the request. those minute does not reveal why the lawyers asked to leave the case, but legal experts say jodi arias made things difficult when she said she prefers the death penalty. she said that after she was convicted. and his sister just testified.
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jodi arias may soon get her wish. yesterday jurors term she is eligible for the death penalty, agree showing acted with extreme cruelty. the penalty phase of this trial underway right now. you heard the victim's sister speak, and earlier the victim's brother gave an emotional statement as well. >> to do this to him, for what reason? he wanted to move forward in life. to better himself. why him? unfortunately i won't ever get the answers to most of my questions. bat my brother's death. questions like, how much did he suffer? >> shepard: jurors will soon decide whether jodi arias gets the dealt penalty or life in prison. the jump will -- the judge, a agree or overrule.
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if they say life, the judge must say life. sounds like arias is going to take the stand. >> she can say death this proper punishment. their lawyers do not believe she will do that but the fact her attorneys tried to quit gives you an idea what an uphill battle this is for them. they have now released her midst gaiting fact users and they include, her age, the fact she has no criminal history, she is a good friend, she lacked support from her family, suffered abuse, and tried to make the best of life, and that she is also a talented artist. that it. not exactly overpowering reasons to counter stabbing her ex-boyfriend 27 times. hers here attorney intimate showing will take the stand. >> you can understand whose life you're deciding, whether it should be terminated or not. the law gives you the benefit of
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that understanding. and through these proceedings we'll give you the benefit of that understanding and miss arias will have the opportunity to talk to you in a different way. not about what happened but about who she is. >> about who she is, unclear exactly when that testimony would take place. >> shepard: so tough to hear from family members of the victims. >> and you talk about an uphill battle. the prosecution has the power here because there's three reasons. one, like you said, the family statements. two, the jury has already said they believe this was heinous. it was cruel, and deapproved, and that he suffered pain -- deapproved and he suffered pain, and the canles use the interview that she gave saying she wants to die. lisp more to the sister. listen. >> his determination for clickment and his endless -- to accomplishment and his endless
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strength as the foundation of our family has been taken from us. and never can be. something that we have all missed and will live the rest of our lives missing. >> impact statements are very powerful. we expect this penalty phase to last one or two weeks. shep? >> shepard: thanks. heather hanson is here, a criminal defense attorney,, and judge andrew napolitano footprint back. the liar and murder told fox 10 arizona that she'd prefer to be put to death. couldn't she have said to her attorney, don't defend me on this senate on this? i want to fry. >> absolutely. the lawyers would have had to honor her wishes. the victims have the right to come forward but you wouldn't have heard from jodi. >> the supreme court requires the state to prove this aggravation phase, the bad things about the events in the
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case, outweigh the mitigating factors. any redeeming value she may have. so even if she remains silent and her lawyers remain silent, the government still has to prove this in order for the death penalty to be imposed. if the government fails to provide, then the dealt penalty cannot be imposed even if those aggravating factors are there. >> shepard: i can't imagine them killing someone who is a good friend and accomplish it artist. >> they hired a mitigation specialist who tries to weave a story to present to the jury. >> shepard: which is common. >> absolutely, and it's probably, as you have already said, part of the reason the attorneys wanted to withtrue, because she is just putting herself in the way of everything they try to do to defend her. >> if she does not take the witness stand, does not, then that tape of our colleagues at fox 5 in phoenix will not -- fox 10 -- excuse me -- will not be aired for the jury. though the jury is not sequestered and probably know of
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it, the judge would say, if you haired about this thing don't consider it when you decide the penalty phase of this case. if she takes the stand and begs for her life and they run the tape when cross examining her. you'll see some high drama. >> shepard: i can imagine them not doing that. if she case, don't kill me. roll the tape. it's a fox 10 arizona morning and it's coming right down your throat. >> they're going to have to put on some psychiatric experts would say she has this borderline personality disorder. because there's no way she can say that now and lose even more credibility? just can't. >> shepard: don't see anything going well for her. i wonder if she is realizing. >> the statement she fade to fox phoenix was not the statement of a lucid person at all. >> shepard: thank you. as all of that develops we'll take you there. emergency responders report a rash of devastating tornadoes have killed at least six people in texas. man. some folks are still missing.ot.
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we're live in one of the hardest hit towns. this is incredible and it's coming up. people join angie's list for all kinds of reasons.
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>> shepard: extreme weather alert. violent tornadoes killed at least six people, left others buried in debris, and bulldozed entire neighborhoods, leaving families homeless. [sirens] >> shepard: the signs sounded
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the warnings across north texas in small communities south and west of dallas. weather officials confirm this is a monster ef4. that's the second strongest on the tornado scale. that's menacing. winds up to 200 miles-per-hour according to officials there, powerful enough to throw cars and rip right through roofs, and for people who were inside those homes it was a white-knuckle night. >> all of a sit things started swirling you could see stuff going through the air. >> there's nothing left. our neighborhood is gone. it's just gone. >> i was so scared. it was so loud. >> shepard: their neighborhood is gone. think of that. even after the storm, their
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nightmare was far from over. some families lost everything, others face weeks or months of giving up. one woman gave reporters a tour of her mess. >> that's the garage, everything that was in it, all that stuff, christmas decorations, is all over the yard. we have a refrigerator, very refrigerator in the garage that is in the yard. i think this right here is some kind of canoe. that is all mangled up and landed right there. >> shepard: she says she is one of the fortunate ones. among the homes the storm wiped out, houses for the charity habitat for humanity. one was supposed to go to a needy family this weekend. now it's gone. casey has the news. what do you see there? reporter: you know, doesn't matter how many of these things you cover. when you experience what mother nature is capable of it is breath frightening and heartbreaking all at the same time. what will 200 miles-per-hour winds do? i want to show you. it will take metal, just like
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that, and it will twist it around like it is silly putty. follow me this way. let me show you the trees. it will split trees in half, and then if we good into the distance it will even strip the bark, the limbs and the leaves off the trees. these schemes not have come at a worst time. it was already dark. the sun had gone down so people could not see the funnel cloud. people caught by surprise, hunkered down while hail the size of grapefruit -- yes, grapefruit -- fell from the sky. >> we felt the pressure inside the closet. our ears were popping, my daughter is crying. and it lasted four or five minutes. >> all of the fatilities, all six in this communicate community, seven people still unaccounted for right now, shepard. >> shepard: it's my understanding that this -- the
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damage goes on for miles. >> yeah, really does. in fact the national weather service out of ft. worth says this particular system spawned ten different tornadoes. we had one 100 miles north of where i'm standing in a town called bowie, texas. one 50-miles to the southeast of where i'm standing that you see video of now in a place called millsap. storm chasers catching that one desending out of the clouds. the last tornado fatility here in texas was in 2007. we have had tornadoes since then, just none that have killed people, like the one last night. >> shepard: thank you. a soccer superstar and parttime underwear model is quitting. end it like beckham, as time magazine put it. he is hang up his cleats. our president brit, will
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analyze, and i the way, the question is, did anybody at the white house know that irs is targeting conservative groups? it was not answered. we await a response from the white house. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪
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>> shepard: david beckham calling it quits. 38 years old now. currently playing in paris. announced he is retiring from the sport at the end of the season. >> over the years when i have seen players retire, when you ask them about it, they always say, you know when you're ready. and i think i know when i'm ready. i think i'm ready. >> shepard: he has a couple matches left and says he wants people to remember him as a hard-working athlete, no matter
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what happened. our resident brittan- -- brittoner here. >> now the number of professional soccer players known by americans is now to zero. >> it's easy to laugh at when you hear that voice. hello. you can laugh. but a 20-year pro career, 115 -- hello, i'm david -- 115 abses for the english national team. 394 to man unid, ac pill lan, l.a. galaxy, won titles in all. you have to admire his talent even if you don't admire the voice. >> shepard: i'd like you to speak in that tone all the. why can you kick the ball? >> you've seen me kick the ball. when he was signed with the galaxy, you introduced me -- i dill did a little ball
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juggle,ful. >> shepard: i remember that. my niece is a soccer super star. she is six system hayes seven goals in one week. >> that's awesome. well done, sadie. >> shepard: anything else? >> nothing else, except goodbye, shepard. >> shepard: waiting for the house. stand by.
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>> shepard: putting a wrap on "studio b" and still waiting for a response from the white house. the question was, can you assure
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the american people that nobody in the white house knew about the internal revenue service actions? he didn't answer the question. jay carney says, nobody knew. we're waiting. full report tonight. cavuto starts right now. >> neil: ahead of that crucial hearing on the irs scandal tomorrow, the white housing too more damage control today. >> i can assure you that i certainly tide not know anything about the ig report before the ig report had been leaked through press... >> neil: welcome. i'm neil cavuto. the president says he tide not know anything about the inspector general report leaked to the congress and the press, burt will the outcoming head of the irs have a different story? steven miller is set to testify about his knowledge of the irs scandal.
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